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HomeMy WebLinkAbout2014-11-18 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday,November 18, 2014 7:00PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a.October 21,2014 5.Public Hearing a.7:00 p.m. or later: Approval of the following requests for U-Haul to expand their business to the former Goodwill Property, 2250 White Bear Avenue: A conditional use permit for indoor storage in a commercial zoning district A conditional use permit to lease motor vehicles A variance to lease trucks and trailers within 350 feet of residentially zoned property b.7:00 p.m. or later:Approval ofa resolution for a wetland buffer variance to construct a garage at 1703 Jessie Street 6.New Business 7.Unfinished Business 8.Visitor Presentations 9.Commission Presentations a.Commission presentationfor the October 27, 2014 city council meeting. Commissioner Diattawas scheduled to attend but has resigned. There wereno items scheduledrequiring commissioner representation. b.Commission presentation for theNovember 10, 2014 city council meeting. Commissioner Bierbaumis scheduled. Theexpected items for review are the Bruentrup Farm CUP and the land use plan amendment and rezoning for the former Parkside Fire Station. c.Commission representation for the November 24, 2014 city council meeting. Commissioner Donofrio is scheduled to attend. The U-Haul CUP and the wetland buffer varianceat 1703 Jessie Streetare scheduled for review. d.Commission representation for the December 8, 2014 city council meeting. Commissioner Kempe is scheduled to attend. At this time, there are no scheduled items requiring planning commission representation. 10.Staff Presentations a.Reminder to turn in requests for reappointment: Commissioners Donofrio, Arbuckle and Lindstrom 11.Adjournment DRAFT MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 21,2014 1.CALL TO ORDER A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order at 7:00p.m.by Acting Chairperson Arbuckle. 2.ROLL CALL Paul Arbuckle, Acting ChairpersonPresent Al Bierbaum, CommissionerPresent Absent Tushar Desai,Chairperson John Donofrio, CommissionerPresent Allan Ige, CommissionerPresent Absent Bill Kempe, Commissioner Donn Lindstrom, CommissionerPresent Absent Dale Trippler, Commissioner Staff Present: Tom Ekstrand, Senior Planner 3.APPROVAL OF AGENDA CommissionerIge moved to approve the agenda as submitted. Seconded by CommissionerBierbaum.Ayes –All The motion passed. 4.APPROVAL OF MINUTES CommissionerBierbaummoved to approve theAugust 19,2014, PCminutes as submitted. Seconded by CommissionerIge.Ayes –All The motion passed. 5.PUBLIC HEARING a.7:00 p.m. or later: Approval of a Resolution for a Conditional Use Permit Revision, Bruentrup Heritage Farm, 2170 County Road D East i.Senior Planner, Tom Ekstrand gave the reportand answered questions of the commission. ii.Michael McKlich,Maplewood Area Historical Society addressed and answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. 1.Dave Huebl, 2191 County Road D, Maplewoodaddressed the commission about the headlight concerns. October 21, 2014 1 Planning CommissionMeetingMinutes Acting Chairperson closed the public hearing. Commissioner Igemoved to approvethe conditional use permit revision resolution for the Bruentrup Farm, located 2170 County Road D East, to allow additional large events.Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3.The applicant or contractor shall complete the following before occupying the buildings: a.Replace property ironsthat are removed because of this construction. b.Install reflectorized stop signs at all exits, a handicap-parking sign for each handicap- parking space and an address on the building. c.Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. d.Install site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source is not visible and so it does not cause any nuisance to drivers or neighbors. 4.If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5.All work shall follow the approved plans. The director of community development may approve minor changes. 6.Update the January 2008 Bruentrup Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including any large non- historical fundraising events. 7.When the parking lot located east of the site cannot accommodate parking for an event (i.e., events where there are more than 84 people based on people 4 people per vehicle in the 21 space parking lot located to the east of the site) the society must supply off-site parking to accommodate the events. 8.Off-site parking at Salvation Army (78 parking spaces at 2080 WoodlynnAvenue): a.The society must supply the city with a signed parking agreement between the society and the owners of the Salvation Army for the use of the parking lot. b.Transportation of guests in a wagon pulled by a tractor to and from the Salvation Army parking lot (WoodlynnAvenue) on a trail through the Prairie Farm Neighborhood Preserve is only allowed during daytime hours. c.The society must ensure safe pedestrian crossing at the intersection of Woodlynn Avenue and Ariel Street for visitors parking in the Salvation Army parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. October 21, 2014 2 Planning CommissionMeetingMinutes 9.Off-site parking at Harbor Pointe (278 parking spaces at 2079 to 2127 County Road D): a.The society must supply the citywith a signed parking agreement between the society and the owners of Harbor Pointe which allows the use of this parking lot. b.The society must ensure safe pedestrian crossing at the intersection of County Road D and Ariel Street for visitors parking in the Harbor Pointe parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 10.Any large scale music proposed for any event on the site (such as DJs and bands) should be limited to inside the barn. 11.Use of the farm must comply with the city’s noise ordinance which requires that no disturbing noises be generated before 7 a.m. and after 7 p.m. 12.The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 13.The barn must be posted with a maximum occupancy of 290 people. Conditions Which Apply to the Subleasing of the Site by the Society for Large Non Historical FundraisingEvents: 14.Subleased large non-historical fundraising events with 100 or more people in attendance are allowed six40 times per year. Historical events conducted by the MAHS, events conducted by the City of Maplewood 15.Subleased largenon-historical fundraisingevents with 100 or more people in attendanceare allowed from 10 a.m. to 10 p.m. Of the 40 total large events, 15 events shall be allowed to extend to midnight. 16.Parking for subleased large non-historical fundraisingevents in which alcohol will be served is limited to the parking lotson the east side of the site and the Harbor Pointe parking lot located about a block west of the site on the north side of County Road D. 17.Maximum number of occupants allowed on site for large non-historical fundraisingevents in which alcohol will be served is limited to 290 people. The maximum capacity of the barn shall not exceed the posted occupancy limits as determined by the city’s Building Official and Fire Marshall. 18.Appropriate liquor licenses must be obtained prior to serving alcohol on the site. 19.The society must obtain the appropriate liability coverage for large non-historical fundraising events which holds the city harmless. 20.A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. Conditions Relative to the Proposed Reinforced-Turf Parking Plan: 21.The site and landscaping plan dated July 17, 2013, showing the proposed turf parking plan is approved. October 21, 2014 3 Planning CommissionMeetingMinutes 22.Minor revisions may be approved by staff. 23.Construction shall begin on the proposed turf parking lot within one year or this approval shall end. The city council may extend this approval for one additional year. 24.The city engineer, police chief and fire chief shall review the plans, as required by ordinance, before construction on the turf parking lot can begin. 25.23.Screening must be provided, as proposed, to buffer the proposed parking lot from the neighbor to the east. This screening shall be completed before the parking lot may be used, unless the applicant provides escrow to guarantee its completion. Escrow shall be, as is typically required, in the amount of 150 percent of the cost of installing the landscaping. Seconded by Acting Chairperson Arbuckle.Ayes–Acting Chairperson Arbuckle, Commissioner Ige Nays –Commissioner’s Bierbaum, Donofrio & Lindstrom Commissioners did not like the midnight ending time forthe 15 events and wanted to keep the 10 p.m. ending time. The motion failed. Commissioner Donofrio moved to approve the conditional use permit revision resolution for the Bruentrup Farm, located at 2170 County Road D East, to allow additional large events. Approval :(additions is based on the findings required by ordinance and subject to the following conditions are underlined and deletions are crossed out 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3.The applicant or contractor shall complete the following before occupying the buildings: a.Replace property irons that are removed because of this construction. b.Install reflectorized stop signs at all exits, a handicap-parking sign for each handicap- parking space and an address on the building. c.Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. d.Install site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source is not visible and so it does not cause any nuisance to drivers or neighbors. 4.If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. October 21, 2014 4 Planning CommissionMeetingMinutes 5.All work shall follow the approved plans. The director of community development may approve minor changes. 6.Update the January 2008 Bruentrup Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including any large non- historical fundraising events. 7.When the parking lot located east of the site cannot accommodate parking for an event (i.e., events where there are more than 84 people based on 4 people per vehicle in the 21 space parking lot located to the east of the site) the society must supply off-site parking to accommodate the events. 8.Off-site parking at Salvation Army (78 parking spaces at 2080 Woodlynn Avenue): a.The society must supply the city with a signed parking agreement between the society and the owners of the Salvation Army for the use of the parking lot. b.Transportation of guests in a wagon pulled by a tractor to and from the Salvation Army parking lot (Woodlynn Avenue) on a trail through the Prairie Farm Neighborhood Preserve is only allowed during daytime hours. c.The society must ensure safe pedestrian crossing at the intersection of Woodlynn Avenue and Ariel Street for visitors parking in the Salvation Army parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 9.Off-site parking at Harbor Pointe (278 parking spaces at 2079 to 2127 County Road D): a.The society must supply the city with a signed parking agreement between the society and the owners of Harbor Pointe which allows the use of this parking lot. b.The society must ensure safe pedestrian crossing at the intersection of County Road D and Ariel Street for visitors parking in the Harbor Pointe parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 10.Any large scale music proposed for any event on the site (such as DJs and bands) should be limited to inside the barn. 11.Use of the farm must comply with the city’s noise ordinance which requires that no disturbing noises be generated before 7 a.m. and after 7 p.m. 12.The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 13.The barn must be posted with a maximum occupancy of 290 people. Conditions Which Apply to the Subleasing of the Site by the Society for Large Non-Historical Fundraising Events: 14.Subleased large non-historical fundraisingevents with 100 or more people in attendanceare allowed six40times per year. Historical events conducted by the MAHS, events conducted by the city of Maplewood and events with less than 100 people in attendance shall not count towards the maximum number of events held each year. October 21, 2014 5 Planning CommissionMeetingMinutes 15.Subleased large non-historical fundraisingevents with 100 or more people in attendanceare allowed from 10 a.m. to 10 p.m. Of the 40 total large events, allevents shall end by 10 p.m. This time could be reevaluated with the city after one calendar year. 16.Parking for subleased large non-historical fundraisingevents in which alcohol will be served is limited to the parking lots on the east side of the site and the Harbor Pointe parking lot located about a block west of the site on the north side of County Road D. 17.Maximum number of occupants allowed on sitefor large non-historical fundraisingevents in which alcohol will be served is limited to 290 people. The maximum capacity of the barn shall not exceedthe posted occupancy limits as determined by the city’s Building Official and Fire Marshall. 18.Appropriate liquor licenses must be obtained prior to serving alcohol on the site. 19.The society must obtain the appropriate liability coverage for large non-historical fundraising events which holds the city harmless. 20.A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. Conditions Relative to the Proposed Reinforced-Turf Parking Plan: 21.The site and landscaping plan dated July 17, 2013, showing the proposed turf parking plan is approved. 22.Minor revisions may be approved by staff. 23.Construction shall begin on the proposed turf parking lot within one year or this approval shall end. The city council may extend this approval for one additional year. 24.The city engineer, police chief and fire chief shall review the plans, as required by ordinance, before construction on the turf parking lot can begin. 25.23.Screening must be provided, as proposed, to buffer the proposed parking lot from the neighbor to the east. This screening shall be completed before the parking lot may be used, unless the applicant provides escrow to guarantee its completion. Escrow shall be, as is typically required,in the amount of 150 percent of the cost of installing the landscaping. Seconded by Commissioner Lindstrom.Ayes –Acting Chairperson Arbuckle, Commissioner’s Bierbaum, Donofrio & Lindstrom Nay–Commissioner Ige Commissioner Ige said he voted Nay because hehad no issue with the midnight ending time. The motion passed. Commissioner Donofrio made a friendly amendment to revisit the 10 p.m. ending time to reevaluating the midnight ending time withcity staff within one calendar year. The friendly amendment was Seconded by Commissioner Ige.Ayes -All October 21, 2014 6 Planning CommissionMeetingMinutes The friendly amendment passed. This item goes to the city council November 10, 2014. b.7:00 p.m. or later: Approval of a Resolution for a Comprehensive Plan Amendment from G (Government) to C (Commercial), a Resolution for a Zoning Map Amendment from F (Farm) to BC (Business Commercial) and a lot division for the former Maplewood Parkside Fire Station, 2001 McMenemy Street North i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.Interim City Manager, Community Development Director, Melinda Coleman addressed and answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. 1.Maplewood resident, Sharon Tarble, 1975 McMenemy Street North,lives next door to the fire station building. Acting Chairperson Arbuckle closed the public hearing. CommissionerBierbaummoved to approvethe comprehensive land use plan amendment from G (government) to C (commercial) for 2001 McMenemy Street North. Approval is based on the following reasons: 1.The property is presently dormant and is proposed to be sold to and utilized by a private business which would be compatible with a land use classification of C (commercial). 2.The site would be zoned business commercial which is compatible with the land use designation of C (commercial) and the other commercial properties in the area. This action is subject to the approval of a comprehensive plan amendment by the Metropolitan Council. Seconded by Commissioner Ige.Ayes -All The motion passed. Commissioner Donofriomoved to approvethe resolution amending the zoning map for 2001 McMenemy Street North from F (farm) to BC (business commercial) for the following reasons: 1.This proposed rezoning would enable the continued use of the existing, non-residential, building on site. 2.This change would comply with the comprehensive land use plan commercial classification. 3.The proposed rezoning would meet the following six criteria for a zoning map revision as required by city ordinance: a.Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. October 21, 2014 7 Planning CommissionMeetingMinutes b.Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c.Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d.Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e.Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. f.Impose such conditions, in addition to those required, as are necessary to ensure that the intent of this chapter is complied with, which conditions may include but not be limited to harmonious design of buildings; planting and the maintenance of a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; and adequate standards of parking and sanitation. Seconded by Commissioner Bierbaum.Ayes -All The motion passed. Commissioner Igemoved to approvethe lot division request to subdivide the 1.3 acre parcel at 2001 McMenemy Street North. This lot division approval is subject to the following conditions: 1.Satisfy the requirements set forth in the staff report authored by Mr. Love, dated October 14, 2014. 2.A survey must be submitted to planning staff for final approval. 3.The lot division and any and all easement agreements must be recorded with Ramsey County within one year of approval date otherwise the approval is null and void. Seconded by Commissioner Lindstrom.Ayes –Acting Chairperson Arbuckle, Commissioner’s Bierbaum, Ige & Lindstrom Nay–Commissioner Donofrio The motion passed. This item goes to the city council November 10, 2014. 6.NEW BUSINESS a.Approval of Resolution of Appreciation for Yaya Diatta –Planning Commissioner i.Senior Planner, Tom Ekstrand readthe resolution of appreciation for Yaya Diatta. Acting Chairperson Arbucklemoved to approvethe resolution of appreciation for Yaya Diatta. October 21, 2014 8 Planning CommissionMeetingMinutes Seconded by Commissioner Donofrio.Ayes -All The motion passed. b.Consideration of dwelling-unit size requirements for senior housing –Discussion i.Senior Planner, Tom Ekstrand opened up the discussion regarding dwelling unit size requirementsfor senior housing from the request of Planning Commissioner, Dale Trippler who was not present for the discussion. ii.Acting City Manager, Community Development Director, Melinda Coleman addressed and answered questions of the commission. Staff will bring further information back to the commission regarding this matter. 7.UNFINISHEDBUSINESS None. 8.VISITOR PRESENTATIONS None. 9.COMMISSION PRESENTATIONS a.Commission presentation for the August 25, 2014, city council meeting. Commissioner Ige attended. The item reviewed was the comprehensive plan amendment and conditional use permit for LCS Lawn Service at the former Century Avenue Fire Station. b.Commission presentation for the September 8, 2014, city council meeting. Commissioner Trippler attended. The item reviewed was the 2015-2019 CIPwhich was approved. . c.Commission presentation for the September 22, 2014, city council meeting. Commission Chair Desai was scheduled to attend. There were no items requiring commission representation at this meeting. d.Commission representation for the October 27, 2014, city council meeting. Commissioner Diatta is scheduled to attendbut has resigned. There are no items requiring commission representationat this meeting. e.Commission representation for the November 10, 2014, city council meeting. Commissioner Bierbaum will be present. The expected items for review are the BruentrupFarm CUP and the land use plan amendment and rezoning for the former Parkside Fire Station. 10.STAFFPRESENTATIONS a.Staff stated the November 4, 2014, Planning Commission Meeting iscancelled due to Election Day. 11.ADJOURNMENT Acting Chairperson Arbuckleadjourned the meeting at 8:15p.m. October 21, 2014 9 Planning CommissionMeetingMinutes MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner DATE: September 30, 2014 SUBJECT: Approval of the Following Requestsfor U-Haul to expand their business to the former Goodwill Property, 2250White Bear Avenue: 1.Aconditional use permit for indoor storage in a commercial zoning district 2.A conditional use permit to lease motor vehicles 3.Avariance to lease trucks and trailers within 350 feet of residentially-zoned property Introduction U-Haul is proposing to expand their business into the former Goodwill site at 2250 White Bear Avenue. They propose to use the existing building for interior storage and to park trucks and trailers for rent in the Goodwill parking lot. These requests would require: 1.A conditional use permit(CUP) for indoor storage in a commercial zoning district. 2.A CUP to lease motor vehicles. 3.A variance to lease trucks and trailers within 350 feet of a residential district. There are residential districts abutting to the south and across Van Dyke Street to the east. This proximity would prevent them from parking and leasing of vehicles on the site unless they receiveda variance. As part of the variance request, the applicant is proposing to not park trucks or trailers within the southerly 100 feet of the property. This would keep vehicles 100 feet from the abutting residential lot line. There are no exterior changes to the building or site proposed at this time. Depending on what the applicant may propose, this may require review by the community design review board. Refer to the applicant’s letters and the attached maps. Background July 14, 2014: The city council amended the BC (business commercial) district requirements to allow indoor storage by conditional use permit. Prior to that action, warehousing was only allowed in a M1 (light manufacturing) zoning district. Discussion Interior Storage Request Staff does not see any problem with the proposed CUP for interior storage in the former Goodwill building. This activity should not be a burden on neighbors. The applicant has proposed the following hours of operation for their rental business and for the proposed storage facility: Monday –Thursday7 a.m. to 7 p.m. Friday7 a.m. to 8 p.m. Saturday 7 a.m. to 7 p.m. Sunday9 a.m. to 5 p.m. Truck and Trailer Rental and Parking Setback Variance These two requests go hand-in-hand. Code requiresa CUP for the truck and trailer rental business regardless ofitsproximity to residential properties. The variance is needed to park such vehicles closer than 350 feet to residential properties. To make use of the parking lot and reasonably comply withthe city’s setback requirements, the applicant is proposing to keep all rental vehicles 100 feetfrom the abutting residential district to the south.Staff feels that this setback, along with the installation of proper screening on the east and south sides of the property, would meet the intent of the ordinance. creening S The existing screening fence on the east sideof the property is verydilapidated.The applicant proposes to replace this fence. Staff recommends that the applicant provide a continual six- foot-tall screening fence along the entire easterly property line to provide a buffer for the New Horizon facility. Staff asked the management at New Horizon what their preference would be and they would like to see a continual fence for privacy and a proper buffer. The fence along the south lot line is the neighbors and provides good screening, however, staff recommends that the applicant provide fencing in the gaps around the southeast corner of the site, provided the city engineer approves screening in this area due to the drainage swale in this corner. Additional SiteConsiderations The applicant has not submitted any plans for site improvements, screening or building improvements. As a condition of this approval, they should submit such plans to staff for approval. Parking lot:The parking lot is in poor shape. The applicant is proposing to resurface the parking lot. Building Maintenance: The applicant is proposing to clean-up/repair the building exterior. Their goal is to make the building look new. Trash enclosure: There is no trash enclosure on site. If the applicant has outdoor trash containers, they must provide trash enclosures as code requires. Driveway connection between the current U-Haul site and the proposed former Goodwill site: There is apreviously paved area south of the building. The applicant is proposing to pave a connecting driveway between the existing U-Haul site and the former Goodwill site to keep their traffic off of streets. Existing freestandingsign structure: Thesign code “grandfathers-in” legal-nonconformingsigns for as long as theyremain in place. Section 5, of the sign code, states that, “after a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign.” The tall freestanding sign on this property was installed according to the provisions of the former sign code. At that time, a property owner could put up a 50 foot tall sign if it had a setback from the front lot line of 75 feet or more. The current sign code would allow a freestanding sign with a maximum height of 20 feetand a maximum area of 140 square feet To comply with ordinance, the tall sign structure on the site must be removed. CUP Consideration The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. These standards for approval are: 1.The use would be located, designed, maintained, constructed and operated to be inconformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenicfeatures into the development design. 9.The use would cause minimal adverse environmental effects. The proposalwould meet the above standards for approval. This use would not impact the neighborhood. Variance Consideration All variances must follow the requirements provided in Minnesota State Statutes. State law requires that variances shall only be permitted when they are found to be: In harmony with the general purposes andintent of the official control Consistent with the comprehensive plan When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. Without a variance, the site would not be usable for the applicant to park any rental vehicles since the entire site falls within 350 feet of residential property. The proposed 100-foot setback from the southerly residential lot line and the residential property to the east would meet this requirement with the screening fences proposed. Furthermore, the proposed use would be consistent with the Maplewood Comprehensive Plan. Neighbors’Comments Staff surveyed the 35property owners within 500 feet of the proposed property for their comments. We received four replies which are as follows: I think it is a good use for the property and would be a big improvement over the present condition of the building (Michael Slattery, 4510 Empire Drive, Hugo, MN). We have no comments (Maria Maughn, Health Partners). We have no issue with this proposal. The only thing we ask as the local McDonald’s is that something could be posted in each rental facility to “please do not go through our drive- through with these rental units.”Wecontinue to deal with this damaging our property as well as impeding service for all our customers. When an event occurs which stopsor slows down our drive throughbusiness,the manager on duty has to deal with this. Thanks for any and all help in curtailing this issue (McDonald’s, 1797 Cope Avenue). We operate theNew Horizon Academy early learning center located at 2251 Van Dyke Street right by the former Goodwill property.We have some concerns about the proposed expansion of U-Haul’s business at that location.Originally U-Haul informed our center director that the site would only be used as a high end storage facility with guards on site 24-7.U-Haul also stated that they were going to install a tall and high-quality white picket fence. Based on that information, we did not have any concerns.However, now U-Haul plans to use the site for renting out their trucks and trailers, we do have concerns.Traffic volumes will significantly increase due to high volumes of customers coming and going. Also, with trailers and trucks sitting in the parking lot, we are concerned is that their property will look junky which will have a negative impact the on our curb appeal for our center (Jill Dunkley, New Horizon Companies) Since this email, staff spoke with Debbie Wells, the manager at the neighboring New Horizon about their concerns. Ms. Wells stated that if sufficient screening is installed they would be ok with the proposal. The applicant is proposing to install a six-foot-tall screening fence along the east property line as a buffer for New Horizon. Department Comments Building Official Nick Carver,buildingofficial, stated that all applicable building codes must be complied with. Engineering Jon Jarosch, staff engineer, stated that if theapplicantjust doesa mill/overlay we wouldn’t consider it “disturbed impervious” and there wouldn’t be any additional requirements.If they penetratethe aggregate base, it would be considered disturbed.If they get over 21,780 SF of disturbance, then they need to meet our water quality requirements.Either way they would need a permit to redo the parkinglot. Assistant Fire Chief Butch Gervais, Assistant Fire Chief, commented thatthis may be a change in use from mercantile to storage. If that is the case,they would need to have fire protection installed.If there is such a system presently, it would need to be serviced. Police Paul Schnell, police chief, stated that he sees no issue with this proposal. Budget Impact None. Recommendations A.Approve aconditional use permit resolution to allowindoor storage and the leasing of trucks and trailers in a BC (business commercial) zoning district, located at 2250 White Bear Avenue.Approval is based on the findings required by ordinance and subject to the following conditions: 1.All construction shall follow the site plan date-stamped September 15, 2014approved by the city in addition to the required changes below.Staffmay approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The applicant shall submit plans for their site and building improvementsto the community design review board for approval. 5.The building and site changes and improvements shall include the following requirements: a.A decorative six-foot-tall solid screening fence along the easterly lot line to screen the proposed site from the New Horizon day care center building and playground. The screening fence shall be also placed in the southeast corner of the site to fill in a gap in screening. Fencing in this area is subject to the requirements of the city engineer due to the drainage swale in this corner. b.Clean-up, maintenance and repair of the former Goodwill building. c.Resurfacing of the parking lot. d.Providing a connecting driveway between the existing U-Haul property and the former Goodwill site. This connecting drivewayshall be curbed with concrete curbing to meet the requirements of city code. e.Restriping of the parking lot with no parking lot stripes for rental vehicles any closer than 100 feet to the south property line. f.Removal of the tall freestanding sign structure. This sign is no longer considered legal-nonconforming. 6.The applicant shall comply with the requirements of the city’s building official, assistant fire chief and city engineer. B.Approval of a variance resolution to allowthe leasing of motor vehicles within 350 feet of property zoned and planned as residential. This variance is based on the findings that: 1.The proposed setback reduction to 100 feet from the southerly lot line would be in harmony with the general purposesand intent of the ordinance since the site would be screened from view from the residential properties to the south and the east by six-foot- tall screening fences. 2.The proposal is for a commercial venture which is consistent with the Maplewood Comprehensive Plan for this property. 3.There are practical difficulties in complying with the ordinance. The applicant would not be able to utilize this sitefor truck and trailer leasing without a variance since the entire site is within 350 feet of residential property. This approval is conditioned upon all rental vehicles be kept 100 feet minimum from the abutting residential property to the south. Reference Information Site Description Site size: 1.55acres Existing land use: The former Goodwill Store Surrounding Land Uses North:White Bear Avenue, Cope Avenueand Corner Shops South:Town homes andBleechers Bar and Grill East:New Horizon Academy West:White Bear Avenue,the existing U-Haul siteand Fleming’s Auto Service Planning Land Use Plan designation: C(commercial) Zoning: BC(business commercial) Code Requirement Section 44-512 (4) of the BC zoning district states that in a BC District, a conditional use permit is required for interior storage or warehouses. Section 44-512 (5) of the BC zoning district states that a conditional use permit is required for the sale or leasing of used motor vehicles and such uses must be 350 feet from residential property. Findings for CUP Approval Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. Findings for Variance Approval State statute requires that in order to grant a variance, the city council must determine that the proposal is found to be: (1)In harmony with the general purposes and intent of the official control; (2)Consistent with the comprehensive plan; (3)When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. Application Date The application for thisrequest wascomplete onSeptember 15, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action is November 14, 2014. Attachments 1.Conditional Use Permit Resolution 2.Variance Resolution 3.Land Use Plan Map 4.Zoning Map 5.Aerial Photo 6.Site Plan date-stamped September 15, 2014 7.Certificate of Survey 8.Applicant’s CUP Justification Letter dated August 12, 2014 9.Applicant’s Variance Justification Letter dated August 28, 2014 10.Applicant’s figures on Traffic Studies and Commercial Uses p:sec11\U-Haul 2250 White Bear Avenue\U-Haul Expansion to Goodwill Site\U-Haul CUP and Variance PC Report10 14 te Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, U-Haul, has applied for a conditional use permit be allowed to lease trucks and trailers and to operate an indoor-storage facility in a BC (business commercial) district. WHEREAS, Sections 44-512 (4 and 5) of the city ordinances requires a conditional use permit for used car salesor leasing and for indoor storage facilities in a BC (business commercial)zoning district. WHEREAS, this permit applies to the property located at 2255 White Bear Avenue. The property identification number of this property is: 112922330059 WHEREAS, the history of this conditional use permit is as follows: 1.OnOctober 7, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2.On ____________, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehiculartraffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Attachment 1 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the plans date-stamped September 15, 2014, approved by the city. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year after review and good-cause is shown. 3.The city council shall review this permit in one year. 4.The applicant shall submit plans for their site and building improvements to the community design review board for approval. 5.The building and site changes and improvements shall include the following requirements: a.A decorativesix-foot-tall solid screening fence along the easterly lot line to screen the proposed site from the New Horizon day care center building and playground. The screening fence shall be also placed in the southeast corner of the site to fill in a gap in screening. Fencing in this area is subject to the requirements of the city engineer due to the drainage swale in this corner. b.Clean-up, maintenance and repair of the former Goodwill building. c. Resurfacing of the parking lot. d.Providing a connecting drivewaybetween the existing U-Haul property and the former Goodwill site. This connecting driveway shall be curbed with concrete curbing to meet the requirements of city code. e.Restriping of the parking lot with no parking lot stripes for rental vehicles any closer than 100 feet to the south property line. f.Removal of the tall freestanding sign structure. This sign is no longer considered legal-nonconforming. 6.The applicant shall comply with the requirements of the city’s building official, assistant fire chief and city engineer. The Maplewood City Council _________ this resolution on _______, 2014. Attachment 2 VARIANCE RESOLUTION WHEREAS,U-Haulhas applied for a variance to be allowed to lease trucks and trailers closer than 350 feet to a residential zoning district. WHEREAS, this variance applies to the property at 2255 White Bear Avenue.The property identification numbers for this property is: 112922330059 WHEREAS, Sections 44-512 (5) of the city ordinances requires that used motor vehicle rental activitiesbe at least 350 feet from a residential district. WHEREAS, the applicant’s proposed use would be totally within this 350 foot proximity of two nearby residentialdistricts. WHEREAS, the history of this variance is as follows: 1.The planning commission held a public hearing on October 7,2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council alsoconsidered reports and recommendations from the city staff. The planning commission recommended that the city council approvethisvariance. 2. On _____________, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances since: The Maplewood City Council ________ this resolution on _________, 2014. Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 8 Attachment 8 Attachment 9 Attachment 9 Attachment 10 MEMORANDUM TO: Planning Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: November 12, 2014for the November 18 Planning Commission Meeting SUBJECT: Approval of a Resolution for a Wetland Buffer Variance to Construct a Garage at 1703 Jessie Street Introduction Scott and Ann Miller are proposing to construct a 484-square-foot (22-foot x 22-foot) detached garage on their property at 1703 Jessie Street. The garage will be constructed within 30 feet of a Manage B wetland located to the north of the property. The City’s wetland ordinance requires a75-foot buffer from aManage Bwetland. This means the City Council would need to approve a wetland buffer variance to allow for the construction of the garage. Request The applicants are requestinga 45-foot wetland buffer variance. The code requires a 75-foot wetland buffer and structure setback to be maintained around a Manage B wetland. The applicant is proposing a 30-foot setback from the garage to the wetland. Discussion Garage Proposal The applicants’house at 1703 Jessie Streetdoes not have a garage or driveway. There is a 10-foot-wide concrete curb cut and a small Class 5 parking area located on the north side of the house. The applicants propose to construct a 484-square-foot detached garage and extend the Class 5driveway for accessto the garage. A future asphalt driveway is proposed when funds are available. The garage will be located within 12 feet of the north property line and 30 feet of the wetland that is located on the adjacent City property. The placement of the garage on the north side of the house will require a 45-foot wetland buffer variance. There is space behind the house for a garage. However, even that location would require a variance (albeit a reduced variance). It would also require the removal of trees and would not be convenient for the homeowner. The yard along the north side of the house, adjacent the wetland, is mowed grass to within 10 feet of the wetland. It appears thatthe applicants maintain a portion of the City’s land as their lawn area. The lot is fairly flat, but slopes slightly to within 10feet of the wetland when the grade then slopes drastically to the water’s edge. Wetland Ordinance The City’s wetland ordinance states that the City may require that the applicant mitigate impacts to a wetland when approving a variance.Mitigation can include: 1.Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2.Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3.Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4.Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5.Monitoring the impact and taking appropriate corrective measures. 6.Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7.Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8.A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Mitigation Strategies 1.Garage Location: The applicant proposes to construct the garage within 8 feet of the house. The City’s building code would allow the garage to be constructed within 5 feet of the house. Staff recommends that the applicant shift the garage 3 feet to the south, toward the house, which will reduce the wetland buffer variance from 45feet to 43feet. 2.Gutter/Downspout/RainGarden: Since the area proposed for the garage has been maintained as a mowed lawn for many years, the biggest impact that the garage will have is added water runoff. As such, the City should ensure that water running off the garage roof is allowed to infiltrate rather than run off into the wetland. Since there is a slight grade from the garage toward the wetland, all of the stormwater would eventually enter the wetland unless redirected. Staff recommends that the applicantsinstall aroof gutteron the north side of the garage and a downspout on the northeast corner of the garage. The downspout should direct water to the northeast corner of the garage, adjacent the driveway. In this area, staff recommends a raingarden to capture and treat the stormwater. 3.Lawn Area: As stated above, the applicants are maintaining a portion of the City’sland as their lawn area. Discontinuing mowing of the lawn in this area and allowing it to become naturalized would benefit the wetland. As such, the lawn area to the north of the garage would be12feet (15 feet if garage thegarageisshifted threefeettowardthe house).If the owner would prefer to restore this portion of the lawn to native plants at their own expense, the City would allow for that but would need to approve restoration plans. Summary When drafting the wetland ordinance the City Council wanted to ensure pre-existing nonconforming single family homes and their lawn could remain livable. The applicants’ house at 1703 Jessie Street was constructed prior to the wetland ordinance. If a garage would have 2 been constructed at the sametime asthehouse, no variance would have been required. A garage with storage for vehicles and equipment does make a house livable. As such, staff recommends the variance with mitigation strategies in order to allow the applicant to construct a garage. RECOMMENDATIONS Approvethe attached resolution approving a wetland buffer variance for the construction of a garage at 1703 Jessie Street. Approval is based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will redirect stormwater from the garage to a rain gardenand areas near the wetland will no longer be maintained as a mowed lawn, but allowed to grow as a naturalized area. 3.Approval would meet the spirit and intent of the ordinance since the proposed garage would be built in an area that is already maintained as lawn. Approval of the wetland buffer variance shall be subject to the following: 1.Shift the garage 3 feet to the south to maintain a 5-foot setback from the house and increase the setback to the wetland. 2.Install a gutter on the north side of the garage and a downspout on the northeast corner of the garage which directs water to a rain garden. 3.Install a rain garden on the northeast corner of the garage, adjacent the driveway. The rain garden will be designed to infiltrate water from the garage roof and driveway. 4.Discontinue maintaining the area to the north of the applicants’property line, within the City property, as mowedlawn area. Allow this area to grow as a naturalized area adjacent the wetland. If the owner would prefer to restore this portion of the lawn to native plants at their own expense, the City would allow for that but would need to approve restoration plans. 5.The applicants should submit anescrow to cover up to 150 percent of the cost of the gutter, downspout, and rain garden. The escrow will be released when the gutter, downspout, and rain garden are installed per theCity’s approval. Attachments 1.ReferenceInformation 2.VarianceResolution 3.ApplicantsLetterDatedOctober1,2014 4.AerialPhoto 5.SitePlan 6.GarageElevations 3 Attachment 1 REFERENCE INFORMATION SITE DESCRIPTION Site size: 0.24acres Existing Use: Single family home SURROUNDING LAND USES North:City Land – Manage B Wetland South:Single family homes East:Single family homes West:Single family homes PLANNING LandUse Plan: LDR (low density residential) Zoning: R1 (single dwelling) Criteriafor Wetland Buffer Variance Approval Section 12-310 of the city code allows the city council to grant variances to wetland buffers. All variances must follow the requirementsprovided in Minnesota State Statutes. The council may grant a wetland buffer variance according to the language below: 1.The city council may approve variances to the requirements in this section. 2.Before the city council acts on a variance, the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council. The planning commission shall hold a public hearing for the variance. The city shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing. 3.The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in subsection12-310(e)(4) (mitigation). Criteria for Variance Approval Section 44-13 of the city code allows the city council to grant variances. All variances must follow the requirements provided in Minnesota State Statutes. State law requires that variances shall only be permitted when they are found to be: 1.In harmony with the general purposes and intent of the official control; 2.Consistent with the comprehensive plan; 3.When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. APPLICATION/DECISION DEADLINE City staff received the complete application and plans for this proposal on October 2, 2014. State law requires that the city take action within 60 days of receiving complete applications. The deadline for city action on this proposal is December 1, 2014. 2 Attachment 2 VARIANCE RESOLUTION WHEREAS, Scott and Ann Millerapplied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 1703 Jessie Street, Maplewood, MN. Theproperty identificationnumberis 17-29-22-34-0052. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a wetland buffer of 75 feet adjacent to Manage B wetlands. WHEREAS, the applicants are proposing to construct a garage to within 30 feet of a Manage B wetland, requiring a 45-foot wetland buffervariance. WHEREAS, the history of this variance is as follows: 1.On November 17, 2014, the Environmental and Natural Resources Commission reviewed the variance and recommended ____________to the Planning Commission and City Council. 2.On November 18, 2014, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission also considered the report and recommendation of the citystaffand Environmental and Natural Resources Commission. The Planning Commission recommended _________________ to the City Council. 3. The City Council held a public meeting on November 24, 2014, to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council __________the above- described variances based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will redirect stormwater from the garage to a rain gardenand areas near the wetland will no longer be maintained as a mowed lawn, but allowed to grow as a naturalized area. 3.Approval would meet the spirit and intent of the ordinance since the proposedgarage would be built in an area that is already maintained as lawn. Approval of the wetland buffer variance shall be subject to the following: 1.Shift the garage 3 feet to the south to maintain a 5-foot setback from the house and increase the setback to the wetland. 2.Install a gutter on the north side of the garage and a downspout on the northeast corner of the garage which directs water to a rain garden. 3.Install a rain garden on the northeast corner of the garage, adjacent the driveway. The rain garden will be designed to infiltrate water from the garage roof and driveway. 4. Discontinue maintaining the area to the north of the applicant’s property line, within the City property, as mowed lawn area. Allow this area to grow as a naturalized area adjacent the wetland. If the owner would prefer to restore this portion of the lawn to native plants at their own expense, the City would allow for that but would need to approve restoration plans. 5.The applicants should submit an escrow to cover up to 150 percent of the cost of the gutter, downspout, and rain garden. The escrow will be released when the gutter, downspout, and rain garden are installed per the City’s approval. The Maplewood City Council approved this resolution on _________, 2014. 2 Attachment 3 Attachment 4 Attachment 5 1703 Jessie Garage Elevations Attachment 6